ITEM 8-A
COUNCIL MEETING: October 20, 1992 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation To Adopt Emergency Ordinance Extending
The Interim Ordinance Prohibiting Game Arcades And
Establishing Limitations On The Number Of Alcohol And
Food Serving Establishments In Specified Portions Of The
C3 And C3C Districts.
INTRODUCTION
This report recommends that the City Council extend the existing
interim ordinance prohibiting game arcades and limiting alcohol
and food establishments in the Bayside District for a time period
of ten months and forty five days.
BACKGROUND
On September 15, 1992 the City Council adopted an emergency
ordinance as part of the review of the Bayside District Specific
plan. The ordinance established limitations on food serving and
alcohol establishments per block within the Bayside District.
The interim ordinance was only effective for 45 days, therefore
it is necessary for the Council to extend the interim ordinance
in order for the new standards to remain in effect. Staff is
recommending the maximum extension allowed at this time, ten
months and forty five days.
Since the adoption of the ordinance, a restaurant operator has
expressed interest in locating in a block that does not permit
any additional restaurants. The proposed ordinance does not
increase the number of restaurants permitted in that block.
Should the Council decide to allow for the increase, Section 6(h)
would need to be amended from zero food serving establishments to
one food serving establishments not serving alcohol.
The ordinance presented only limits the establishment of game
arcades in the Bayside District. Should the council wish to
extend the restrictions to other entertainment uses, a new
section should be added which states:
Entertainment Uses: The Planning Commission and City staff are
directed to disapprove all requests for the issuance of building
permits, administrative approvals, development review permits,
conditional use permits, or any other City approvals for
entertainment uses, night clubs, billard parlors or cinemas in
the Proposed Bayside District, except as exempted under Section
3.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have a
budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council adopt the emergency
ordinance extending the interim standards for ten months and
forty five days.
Prepared By: Paul Berlant, Director of LUTM
Suzanne Frick, Planning Manager
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments: Proposed Ordinance
ORDINANCE NUMBER ____
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA PROHIBITING GAME ARCADES
AND ESTABLISHING LIMITATIONS ON THE NUMBER OF ALCOHOL
AND FOOD SERVING ESTABLISHMENTS IN SPECIFIED PORTIONS
OF THE C3 AND C3C DISTRICTS ON AN INTERIM BASIS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds
and declares:
(a) At its August 11, 1992 City Council meeting, the City
Council held its first public hearing regarding the establishment
of a Bayside District zoning district ("District") which will
encompass portions of the current C3 and C3C zoning districts.
(b) At the same meeting, the City Council considered the
adoption of the Bayside District Specific Plan which, among other
things, proposes limits on the number of alcohol and food serving
establishments which will be allowed in the District, and would
prohibit entirely the establishment of new game arcades.
(c) Further action is needed by the City Council to
establish the Bayside District zoning district and to adopt the
Bayside District Specific Plan, including completion of
environmental review under the California Environmental Quality
Act ("CEQA"). Further, the City Council will consider at a later
meeting the adoption of specific zoning ordinances regulating
permitted uses and property development standards in the District
consistent with the Specific Plan.
(d) If current development activity is allowed to continue
in the District pending such final approval, uses incompatible
with the proposed Bayside District Specific Plan and zoning
ordinance implementation will occur.
(e) Pending the establishment of the Bayside District and
adoption of zoning ordinances implementing the provisions of the
Bayside District Specific Plan, to protect the public health,
safety, and welfare, it is necessary to limit the number of
alcohol and food serving establishments in the District and to
prohibit uses incompatible with the proposed Specific Plan and
implementing ordinances on an interim basis.
(f) The City wishes to limit the number of alcohol and
food serving establishments as a way to control the recent
proliferation of such establishments in the area and also to
encourage other types of uses. Because of the proliferation of
alcohol and food serving establishments, there exists a current
and immediate threat to the public health, safety, or welfare,
and the approval of additional administrative approvals,
development review permits, conditional use permits, or any other
applicable entitlements for use in the District incompatible with
the standards of this interim ordinance would result in a threat
to public health, safety, or welfare.
(g) At the September 15, 1992 City Council meeting, the
City Council conceptually approved the Draft Bayside District
Specific Plan, directed staff to proceed with an Environmental
Impact Report on the draft specific Plan, and adopted Ordinance
1644(CCS) on an emergency basis to prohibit game arcades and
establish limitations on the number of alcohol and food serving
establishments in a portion of the C3 and C3C districts on an
interim basis. Unless extended by the City Council, this
ordinance will expire on October 30, 1992. An extension of this
Ordinance is necessary because of the current and immediate
threat to the public health, safety, or welfare described above.
SECTION 2. Definitions. The following words or phrases as
used in this Ordinance shall have the following meanings:
Block One: That area bounded by the south side of Wilshire
Boulevard on the north, the north side of Arizona Avenue on the
south, the east side of Fourth Street on the east, and the west
side of Fourth Street on the west.
Block Two: That area bounded by the south side of Arizona
Avenue on the north, the north side of Santa Monica Boulevard on
the south, the east side of Fourth Street on the east, and the
west side of Fourth Street on the west.
Block Three: That area bounded by the south side of Santa
Monica Boulevard on the north, the north side of Broadway on the
south, the east side of Fourth Street on the east, and the west
side of Fourth Street on the west.
Block Four: That area bounded by the south side of
Wilshire Boulevard on the north, the north side of Arizona on the
south, the east side of the Third Street Promenade on the east,
and the west side of the Third Street Promenade on the west.
Block Five: That area bounded by the south side of Arizona
Boulevard on the north, the north side of Santa Monica Boulevard
on the south, the east side of the Third Street Promenade on the
east, and the west side of the Third Street Promenade on the
west.
Block Six: That area bounded by the south side of Santa
Monica Boulevard on the north, the north side of Broadway on the
south, the east side of the Third Street Promenade on the east,
and the west side of the Third Street Promenade on the west.
Block Seven: That area bounded by the south side of
Wilshire Boulevard on the north, the north side of Arizona on the
south, the east side of Second Street on the east, and the west
side of Second Street on the west.
Block Eight: That area bounded by the south side of
Arizona on the north, the north side of Santa Monica Boulevard on
the south, the east side of Second Street on the east, and the
west side of Second Street on the west.
Block Nine: That area bounded by the south side of Santa
Monica Boulevard on the north, the north side of Broadway on the
south, the east side of Second Street on the east, and the west
side of Second Street on the west.
Food Serving Establishment: Any restaurant, including,
without limitation, any drive-through or drive-in restaurant,
fast-food or take-out restaurant, or sidewalk cafe, and any use
which includes incidental food service.
Proposed Bayside District: That area bounded by the south
side of Wilshire Boulevard on the north, the north side of
Broadway on the south, the west side of Second Street on the
west, and the east side of Fourth Street on the east.
SECTION 3. Applicability. The provisions of this
Ordinance apply only to applications for projects to be located
in the Proposed Bayside District, and only to projects the
application for which was filed after August 11, 1992. Any
project which has received a conditional use permit,
administrative approval, or alcohol exemption determination on or
before the effective date of this Ordinance shall be exempt from
the provisions of this Ordinance. Additionally, one food serving
establishment operated by a non-profit organization shall be
permitted on the west side of the 1300 block of Second Street,
(Block 8)
SECTION 4. Administrative Approvals. Approval of all new
alcohol or food serving establishments to be located in the
Proposed Bayside District which do not otherwise require the
issuance of a conditional use permit, alcohol exemption
determination, or development review permit, shall require the
issuance of an administrative approval. For purposes of this
Ordinance, an establishment shall be considered a new alcohol or
food serving establishment if the prior alcohol or food serving
establishment at that site has ceased operation for a continuous
period of six months or longer.
SECTION 5. Limit on On-Sale Alcohol Outlets. The Planning
Commission and City staff are directed to disapprove all requests
for the issuance of administrative approvals, development review
permits, conditional use permits, alcohol exemption
determinations, or any other City approvals for on-sale alcohol
outlets, if the granting of such approval would cause the number
of on-sale alcohol outlets, including existing outlets, on the
block on which the project is located to exceed the following
limitations:
(a) Block One. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 0. Type 48
General Alcohol Service for Public Premise: 0. Other On-sale
Alcohol License Types: 0.
(b) Block Two. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 2. Type 48
General Alcohol Service for Public Premise: 1. Other On-Sale
Alcohol License Types: 0.
(c) Block Three. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 7. Type 48
General Alcohol Service for Public Premise: 1. Other On-Sale
Alcohol License Types: 0.
(d) Block Four. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 10. Type 48
General Alcohol Service for Public Premise: 0. Other On-Sale
Alcohol License Types: 0.
(e) Block Five. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 10. Type 48
General Alcohol Service for Public Premise: 0. Other On-Sale
Alcohol License Types: 0.
(f) Block Six. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 11. Type 48
General Alcohol Service for Public Premise: 0. Other On-Sale
Alcohol License Types: 0.
(g) Block Seven. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 2. Type 48
General Alcohol Service for Public Premise: 0. Other On-Sale
Alcohol License Types: 0.
(h) Block Eight. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 2. Type 48
General Alcohol Service for Public Premise: 0. Other On-Sale
Alcohol License Types: 0.
(i) Block Nine. Type 41 and Type 47 Beer and Wine or
General Alcohol Service For Public Eating Place: 7. Type 48
General Alcohol Service for Public Premise: 2. Other On-Sale
Alcohol License Types: 0.
SECTION 6. Limit on Food Serving Establishments.
Nothwithstanding the provisions of Section 5, the Planning
Commission and City staff are directed to disapprove all requests
for the issuance of administrative approvals, development review
permits, conditional use permits, alcohol exemption
determinations, or any other City approvals for food serving
establishments, if the granting of such approval would cause the
number of food serving establishments, including existing
establishments, on the block on which the project is located to
exceed the following limitations:
(a) Block One: Food serving establishments which also sell
alcohol: 0. Food serving establishments which do not sell
alcohol: 1.
(b) Block Two: Food serving establishments which also sell
alcohol: 2. Food serving establishments which do not sell
alcohol: 0.
(c) Block Three: Food serving establishments which also
sell alcohol: 7. Food serving establishments which do not sell
alcohol: 0.
(d) Block Four: Food serving establishments which also
sell alcohol: 10. Food serving establishments which do not sell
alcohol: 8.
(e) Block Five: Food serving establishments which also
sell alcohol: 10. Food serving establishments which do not sell
alcohol: 6.
(f) Block Six: Food serving establishments which also sell
alcohol: 11. Food serving establishments which do not sell
alcohol: 7.
(g) Block Seven: Food serving establishments which also
sell alcohol: 2. Food serving establishments which do not sell
alcohol: 1.
(h) Block Eight: Food serving establishments which also
sell alcohol: 2. Food serving establishments which do not sell
alcohol: 0.
(i) Block Nine: Food serving establishments which also
sell alcohol: 7. Food serving establishments which do not sell
alcohol: 1.
SECTION 7. Game Arcades. The Planning Commission and City
staff are directed to disapprove all requests for the issuance of
building permits, administrative approvals, development review
permits, conditional use permits, or any other City approvals for
game arcades in the Proposed Bayside District, except as exempted
under Section 3.
SECTION 8. Exception. Notwithstanding the limitations on
food serving establishments set forth in Section 6 above, one
food serving establishment operated by a non-profit organization
shall be permitted on the west side of the 1300 block of Second
Street (Block 8). This establishment shall be open to the
public, shall not have alcohol service, and shall operate as a
job training center for persons seeking future employment in
food-serving establishments.
SECTION 9. This Ordinance shall be of no further force or
effect 10 months and 15 days from its adoption, unless extended
in the manner required by law.
SECTION 10. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 9120.6 of
the Santa Monica Municipal Code and Section 615 of the Santa
Monica City Charter. There is a current and immediate threat to
the public health, safety, and welfare. It is necessary for
preserving the public peace, health, safety, and welfare and the
urgency for its adoption is set forth in the findings above.
SECTION 11. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 12. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 13. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
__________________________________
JOSEPH LAWRENCE
Acting City Attorney